Independent Country 

British Commonwealth English Common Law Jurisdiction

New trademark legislation, the Trade Marks Act 2003 and Trade Marks Regulations 2006, were put into effect on October 1, 2006. The act provides for local registrations with effect from date of application. Service marks can now be registered and Paris Convention priority is now available. Madrid Protocol implementation is also under way.

Previous legislation has been repealed and registration based on a UK registration is no longer provided for nor possible. Current local and UK-based registrations will continue under the new act for their unexpired terms or 10 years from October 1, 2006, whichever occurs first, while new registrations will be for a term of 10 years, with renewals for further periods of 10 years.

No local use or intent to use is necessary prior to application but failure to use a mark within a period of three years following the date of registration will subject the mark to an action for cancellation.

The Authorisation of Agent form needs to be signed under item 5, where the name of the individual person who signs the form must also be entered. In addition the proprietor's seal needs to be applied, if available, and the form must be notarized. No witnessing or legalization of this form is needed.  In addition, for each application to register mark, we need a Declaration of Use or Intent to Use signed by the proprietor which form is also available to download on the link provided below.

Click here to download Power of Attorney form for Antigua

and

Click here to download Declaration of Use or Intent to Use form which is also needed for Antigua